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Full-Text Articles in Law
Terrorism And Its Legal Aftermath: The Limits On Freedom Of Expression In Canada’S Anti-Terrorism Act & National Security Act, Percy Sherwood
Terrorism And Its Legal Aftermath: The Limits On Freedom Of Expression In Canada’S Anti-Terrorism Act & National Security Act, Percy Sherwood
FIMS Publications
This analysis aims to demonstrate how s. 83.221 in Bill C-51 is likely to violate freedom of expression guaranteed under the Charter. The first section employs the two-step Irwin Toy analysis to show that the speech offense infringes upon s. 2(b) of the Charter. The second section uses the Oakes test to determine whether the breach of freedom of expression is a reasonable limit. On whether the speech offense can be justified under s. 1 of the Charter as a reasonable limit, the legislation fails at the third and fourth step of the Oakes test. Section three of this paper …
Fippa Requests : A How-To Workshop, Lisa Di Valentino
Fippa Requests : A How-To Workshop, Lisa Di Valentino
FIMS Presentations
Ontario's Freedom of Information and Protection of Privacy Act regulates information privacy and access to information in the public sector. It applies to information held by the provincial government and its agencies, including colleges and universities. Provincial institutions must delegate an officer to handle such requests, and deal directly with the individual who is seeking access. Appeals of the institution's decision are handled by the Ontario Information and Privacy Commissioner. This workshop will cover the process of filing a formal information request, tips for ensuring that you obtain relevant
records, and how to challenge an institution's decision to withhold information.
Charter Dialogue Revisited – Or Much Ado About Metaphors, Wade Wright, Allison Thornton, Peter Hogg
Charter Dialogue Revisited – Or Much Ado About Metaphors, Wade Wright, Allison Thornton, Peter Hogg
Law Publications
This article is a sequel to the 1997 article “The Charter Dialogue Between Courts and Legislatures (Or Perhaps The Charier of Rights Isn't Such A Bad Thing After All).” In the present article, the authors review various academic critiques of their “dialogue” theory, which postulates that Charter decisions striking down laws arc not the last word, but rather the beginning of a “dialogue,” because legislative bodies are generally able to (and generally do) enact sequel legislation that accomplishes the main objective of the unconstitutional law. The authors also examine the Supreme Court of Canada's dicta on the “dialogue” phenomenon, and …